NO.06-14-00100-CV

IN THE COURT OF APPEALS

FOR THE SIXTH DISTRICT OF TEXAS

_________________________________________________________________

MARK MUELLER

Appellant

v.

JAMES H. DAVIS, INDIVIDUALLY AND D/B/A JD MINERALS 

AND JDMI, LLC

Appellees

 

Appeal from the 71st Judicial District Court

Of Harrison County, Texas

Cause No. 11-0858

The Honorable Brad Morin Presiding

__________________________________________________________________

APPELLEES’ UNOPPOSED FIRST EXTENSION OF TIME TO FILE

APPELLEES’ BRIEF

 

Douglas D. McLallen

State Bar No. 00788025

Anderson, Lehrman, Barre, 

 and Maraist LLP

Gaslight Square

1001 Third St, Suite 1

Corpus Christi, TX 78404

Telephone: 361-884-4981

Facsimile: 361-884-2822

Email: dmclallen@albmlaw.com

Marshall C. Wood

State Bar No. 00797690

Norton & Wood, LLP

315 Main Street

Post Office Box 1808

Texarkana, Texas 75504 

Telephone: (903) 823-1321

Facsimile: (903) 823-1325

Email: marshall@nortonandwood.com

ATTORNEYS FOR APPELLEES

ACCEPTED

06-14-00100-CV

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

7/13/2015 10:41:29 AM

DEBBIE AUTREY

CLERK

 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 7/13/2015 10:41:29 AM DEBBIE AUTREY Clerk
APPELLEES’ UNOPPOSED FIRST MOTION 

TO EXTEND TIME TO FILE APPELLEES’ BRIEF

Appellees, James H. Davis, Individually and d/b/a JD Minerals and JDMI,

LLC, ask this Court, pursuant to 10.5(b) Tex. R. App. P., to extend the time to file the

Appellees’ Brief, and would show as follows:

1. This motion is filed before the deadline for filing Brief of Appellee, as

required by Texas Rule of Appellate Procedure 38.6(d).

2. Appellants’ brief is currently due on July 16, 2015

3. Appellantsrequests an extension of 30 daysto file their Brief, extending

the time until Monday, August 17, 2015.

4. No previous extension by Appellees has been requested.

5. Appellees request an extension of time in which to file their Brief in

order to allow sufficient time to adequately prepare their Brief to aid the

Court in consideration of this appeal. On July 7, 2015 Appellees

requested the District Clerk of Harrison County, Texas to supplement

the record with a pleading that is needed for a thorough brief.

WHEREFORE, PREMISES CONSIDERED, Appellees, James H. Davis,

Individually and d/b/a JD Minerals and JDMI, LLC request this Honorable Court to

grant this Motion for Extension of Time until August 17, 2015, and for such further

relief to which they may be entitled.
Respectfully Submitted,

ANDERSON, LEHRMAN, BARRE

 & MARAIST, LLP

Gaslight Square

1001 Third Street, Suite 1

Corpus Christi, Texas 78404

Telephone: (361) 884-4981

Facsimile: (361) 884-9618

By: /s/ Douglas D. McLallen 

Douglas D. McLallen

State Bar No. 00788025

ATTORNEYS FOR APPELLEE

Marshall C. Wood

State Bar No. 00797690

Norton & Wood, LLP

315 Main Street

Post Office Box 1808

Texarkana, Texas 75504

Telephone: (903) 823-1321

Facsimile: (903) 823-1325

Email: 

marshall@nortonandwood.com
CERTIFICATE OF CONFERENCE

As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I

have conferred, or made a reasonable attempt to confer, with all parties. 

Bob Whitehurst, Counsel for Appellant, Mark Mueller, does not object to the

extension. 

/s/ Douglas D. McLallen 

Douglas D. McLallen

CERTIFICATE OF SERVICE

I certify that on July 13, 2015, a true and correct copy of foregoing was served

on counsel of record as indicated below.

Mr. Bob Whitehurst Via Email: whitehurstlawfirm@yahoo.com

Whitehurst & Whitehurst

Attorneys at Law

5380 Old Bullard Road, Suite 600, #363

Tyler, Texas 75703

/s/ Douglas D. McLallen 

Douglas D. McLallen